The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the actions of the Council’s children’s services. This is because there is insufficient evidence of fault with its decision not to investigate his complaint at this time.
The complaint
Mr X complains about the Council’s children’s services and its involvement with his child.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has told the Ombudsman that it has refused to progress Mr X’s complaint due to ongoing court proceedings that have commenced concerning his child.
I will not investigate Mr X’s complaint at this time. This is because there is no evidence of fault in the Council’s decision not to investigate his complaint whilst court proceedings are in progress. Regulation 8 of The Children Act 1989 Representations Procedure (England) Regulations 2006 says councils can refuse to consider a complaint if to do so could prejudice any concurrent court proceedings.
Mr X may wish to resubmit his complaint to the Council once the proceedings have concluded. We will not consider the issues raised within the complaint until the complaints process has concluded.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman